2014 High Court Order 946 Violation of the Guarantee of Workers' Retirement Benefits Act

A

Inducement leap(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(for example,

Attorney C, D in charge of the law firm

December 30, 2014

Defendant shall be punished by a fine of KRW 3,500,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

The defendant is the representative director of the FF corporation in Seocho-gu Seoul Metropolitan Government, who employs 650 full-time workers and is engaged in the private teaching institute business.

From December 26, 2006 to November 6, 2012, the Defendant worked at the G Admission Research Institute, and did not pay the amount equivalent to KRW 15,613,284 of retirement allowances to the retired workers H within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date for payment between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and J;

1. A statement of calculation of average wages and retirement allowances;

1. Detailed statement of benefits;

1. Instructions on the general meeting of instructors;

1. The number of classes of each H instructor;

1. Copy of corporate register;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 4 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (Selection of Fine)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges subordinate to judges